93-09 O - Annexation Ordinance – Don Brown li :"
t A'd
CITY OF PROSPER, TEXAS ORDINANCE NO . 93-09 0
• N
AN ORDINANCE ANNEXING 2 . 5 ACRES OF LAND , MORE OR LESS , 0
�` SITUATED IN COLLIN COUNTY , TEXAS IN THE J . TUNNEY SURVEY , 0
j ABSTRACT 916 ; PROVIDING FOR A PENALTY FOR A VIOLATION
OF THIS ORDINANCE ; PROVIDING FOR AN EFFECTIVE DATE. OF THIS A
ORDINANCE ; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION ft)
HEREOF . 01
WHEREAS, APPLICATION HAVING BEEN DULY MADE FOR ANNEXING SAID TERRITORY
TO THE CITY OF PROSPER, TEXAS ("PROSPER") , WHICH APPLICATION IS IN THE FORM
OF A PETITION DULY AND LEGALLY EXECUTED AND FILED BY DON BROWN, A LAND OWNER
WITH THE MAYOR OF PROSPER, AND THE MAYOR HAVING CERTIFIED THE SAME TO THE
COUNCIL OF PROSPER; AND
WHEREAS, THE CITY COUNCIL FINDS A SERVICE PLAN HAS BEEN PREPARED IN
FULL COMPLIANCE OF SECTION 43.056, LOCAL GOVERNMENT CODE; AND
---)
WHEREAS, PRIOR TO EITHER PUBLIC HEARING, THE CITY COUNCIL INVESTIGATED
AND DETERMINED THE PROPERTY, THE SUBJECT OF THIS ORDINANCE, IS WITHIN THE
EXTRATERRITORIAL JURISDICTION OF PROSPER AND IS ADJACENT AND CONTIGUOUS TO
THE EXISTING CITY.LIMITS OF PROSPER; AND
WHEREAS, THE CITY COUNCIL FINDS THE FIELD NOTES OF THE LAND BEING
ANNEXED BELOW CLOSE; AND
WHEREAS, THE CITY COUNCIL HAS CONDUCTED AT LEAST. TWO (2) PUBLIC HEAR-
INGS AT WHICH PERSONS INTERESTED IN THE ANNEXATION WERE GIVEN AN OPPORTUNITY
TO BE HEARD REGARDING THE PROPOSED ANNEXATION AND THE PROPOSED SERVICE PLAN;
AND .
WHEREAS, THE CITY COUNCIL FINDS THE PUBLIC HEARINGS WERE CONDUCTED ON OR
"T-7) AFTER THE FORTIETH (40th) DAY BUT BEFORE THE TWENTIETH (20th) DAY BEFORE THE
DATE OF INSTITUTION OF THE ANNEXATION PROCEEDINGS; AND
WHEREAS, THE CITY COUNCIL FINDS THE PROPOSED SERVICE PLAN WAS AVAILABLE
• FOR REVIEW AND INSPECTION BY CITIZENS AT EACH PUBLIC HEARING; AND .
• .
• '.�
WHEREAS, THE CITY COUNCIL FINDS IT HAS COMPLETED THE ANNEXATION PROCESS
WITHIN NINETY (90) DAYS AFTER THE CITY COUNCIL INSTITUTED ANNEXATION PROCEED-
INGS; AND
WHEREAS, ALL LEGAL NOTICES REQUIRED FOR ANNEXATION HAVE BEEN GIVEN IN
THE MANNER AND FORM SET FORTH BY LAW, AND AT LEAST TWO (2) PUBLIC HEARINGS HAVE
BEEN HELD OF THE PROPOSED ANNEXATION AND ALL OTHER REQUIREMENTS OF NOTICE AND
COMPLETION OF SUCH ANNEXATION PROCEDURES BEING FULFILLED; AND
WHEREAS, THE CITY COUNCIL HAS INVESTIGATED AND DETERMINED IT WILL BE AD-
VANTAGEOUS AND BENEFICIAL TO PROSPER AND ITS INHABITANTS TO ANNEX SUCH TERRI-
TORY TO PROSPER;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PROSPER, TEXAS :
SECTION 1 : THAT THE TERRITORY DESCRIBED AS FOLLOWS AND ALL PUBLIC
STREETS, ROADWAYS AND ALLEYWAYS LOCATED WITHIN OR CONTIGUOUS TO THE SAME BE
AND THE SAME IS HEREBY ANNEXED TO PROSPER TO-WIT:
SAID TRACT OF LAND SITUATED IN COLLIN, COUNTY, TEXAS, BEING 2.5 ACRES OF
LAND, MORE OR LESS, IN THE J. TUNNEY SURVEY, ABSTRACT 916. SAID TRACT IS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.AND INCORPORATED HEREIN
FOR ALL PURPOSES.
SECTION 2 : THE SERVICE PLAN FOR SUCH TERRITORY IS ATTACHED HERETO AS
EXHIBIT "B" AND MADE A PRT HEREOF FOR ALL PURPOSES.
SECTION 3 : THAT FROM AND AFTER THE PASSAGE OF THIS ORDINANCE, SAID
TERRITORY SHALL BE A PART OF PROSPER AND THE INHABITANTS THEREOF SHALL BE EN-
TITLED TO ALL THE RIGHTS AND PRIVILEGES .OF. ALL OF THE CITIZENS OF PROSPER AND
SHALL BE BOUND BY ALL THE ORDINANCES AND. REGULATIONS ENACTED PURSUANT TO AND IN
CONFORMITY WITH THE LAWS OF THE STATE OF TEXAS.
2
111
SECTION 4 : IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION
TO MAKE USE OF SAID PREMISES IN SOME MANNER OTHER THAN IS AUTHORIZED BY THIS
ORDINANCE, AND IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRE OR CORPORATION TO CON—
STRUCT ON SAID PREMISES ANY BUILDING THAT IS NOT IN CONFORMITY WITH THE PERMISS—
IBLE USE UNDER THIS ANNEXATION ORDINANCE.
SECTION 5 : ANY PERSON, FIRM OR CORPORATION WHO VIOLATES ANY PROVISION
OF THIS ORDINANCE SHALL BE DEEMED QUILTY OF A MISDEMEANOR AND UPON CONVICTION
THEREFOR, SHALL BE FINED ANY SUM NOT EXCEEDING FIVE HUNDRED DOLLARS ( $500 . 00) ,
AND EACH AND EVERY DAY THAT SUCH VIOLATION CONTINUES SHALL BE CONSIDERED A SEPERATE
OFFENSE; PROVIDED, HOWEVER, THAT SUCH PENAL PROVISION SHALL NOT PRECLUDE A SUIT
TO ENJOIN SUCH VIOLATION.
SECTION 6 : SHOULD ANY PART OR PORTION OF THIS ORDINANCE, OR OF THE
USE CREATED HEREIN AFFECTING THE AFOREMENTIONED PROPERTY BE DECLARED UNCONSTITU—
TIONAL OR INVALID BY A COURT OF COMPETENT JURISDICTION, IT IS EXPRESSLY PROVIDED
THAT ANY AND ALL REMAINING PROTIONS AND THOSE PROVIDED FOR WITHIN THIS ORDINANCE
SHALL REMAIN IN FULL FORCE AND EFFECT.
SECTION 7 : THE CAPTION OF THIS ORDINANCE SHALL BE PUBLISHED TWO (2)
TIMES IN A WEEKLY NEWSPAPER PUBLISHED IN PROSPER AND SHALL BE EFFECTIVE IMMEDIATE—
LY UPON ITS PASSAGE AND SUCH PUBLICATION.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER,
TEXAS ON THIS JD DAY OF , 1993 .
AR Y SMOTHERMO , MAYOR
CORRECTLY RECORDED : A PROVED AS TO FORM:
SHIRLEY JA , RICHARD M. ABERNATHY
CITY SECRETARY CITY ATTORNEY
DATE OF PUBLICATION, McKINNEY COURIER GAZEr.1 : AUGUST 19th & 2 0 t h, 1993
• Ls
.. v ,i , 4
i
i
- /
f I
v
ANY'toMSIDN HEREIN WHICH RESTRICTS THE SALE,RENTAL,DR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) ACOUNTY OF COLLIN)
I hereby teddy Matta*kntvummt was FILED In Mt RN Number Sebum
on.me date and the firm stamped hereon by me;aid woe duly RECORDED,
on the OMN I Public Records at Real Property it Celan County,Tame on
O C T 1 2 1993
citg,„, IS (7:qk
COUNTY CLERK.COLUN COUIFY.TEXAS ***
Filed for Record in:
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1993/10/12
At 10:56A
Number: 93- 0087843 •
Type : OR 23.00
III
9
-
,. .
.--...--; .1 •: *.-;,--:-- e- 7.'7,7= .T.-w ,-;r 1•' ..' ...-'7- , , . ---, .. lrf:;!j'-j-t . .. .1S.-41.11?.1:#2,_PW-WR,,Oil-ZADC -, .'....-„, 7:.7.-.7 ...... 1,,, ,,,,67.c?414-I"..2.-3ja..'‘4,2-f7,1:::: •,!tir.1 ,tr'.
.., ,..:,-, ..---w ...--,:-.__ - I.1.•-•'--kn.::i.4.i"----.2.2.--'2;.5 -4" .Inir:"*.z4".- -.•- •:,"A';':,e,i.i..z+•--i-L.:17-.4,-qi,:,-.4r4;:ki..4At.,,,,A-4.tiff;i".;•24Zaq..W.h..11---- --.6'.=en:r.,-;-----7-74--.;;;Ki;,.tsii473.IV.S.,-.;..'AY;4.:4421,71:4.0 .4.;-.:4144-iii;-#14.-;;K-vi5,..; -...4.4
• 4
4,1-,---3:41,4-6?-1."-:,-;':',t, R.:±"4:.-,-.-;,4 -t=2..J-,,,,-,-;-7---:-.fi'z. 4--,--S- ':i"4:.*,t,.,-..,..:_, .._-, :1_..,Zr.:.>'15,-,*-,-e .,,,,..,. -.-.. '4•-•=17t".--- 7 4.-.'4'47',.7:..t•c:f...i,-,4-...77.1.;=.74.--;:',"•'::%.....-.......7--t:c:•:%..,:-....„._._... ....z*,....,7 r. ..• .•,
y _
h.e.:..:.,1,-,-".. ..S7S-f4Ait-C.';'.a._:,•-•';-:';,- '1 ;'''; S ''- ''r!..:-- r - ; • - .Y.1-i).Z1..t.. S..0 t• . ..;t•A 1-i it.Y.S.. 5.71:1-..--_''.::`..'""?''-'7-;7".:''',';.-- ''''.-';''.•.`..,:' - 7 . .
.. : .
. .,
., . ..
'..: .i::';'.....''-;':
. .n
. .,
- . - -1a...— 0.0 .1_%, 9, ,:•., .. •
5- al'i....;-Tf.-S;i:‘, -t.J, f•-•...':. ,
;;.-:-.1::,-?"-!2..-::-.. ".., . .....
- 1.02. ...0'%''-k --AC.) .
. .
--,r-•,....2:::47.-'..-e4-......741,...---,t:,----,.:,: ,.. -
':•,::-*.irt--7-4:-S.,..-'Y-::-.1?-..!-.''5z;-':_si:, ..-.- ---':
...-cr.s..7.?...,,--,...:-....;:,,,,,p37:2.•.:;-.7.:.- •
• i-:.•;4".Z4i-;t".1i-i_'-7-P:;:-.;';.".7-7'-z:: :::::--• • - ..::::. ,... . :,..;...., -.,, •:, ,...,-... ?'..,....".....„ :...-,:-.i., • - _, -7''.'
,":7‘..7,i.;.',-,..„.5e,,:i::,,..,,.'',::.,t..::",t,,,:.•...:,..-,...,- . :. . . .
. •:- ;', " --,,,. - ,l':.7-i...:::- -.., .- _ ——_
UN _ 2
•., ,._: --.,!-.. .-1.,.. - -- - . - ITS -
.r '. -
.e• - / .
V.
• -
„ ..?
.:, et
- - -t . ' .‘'''''" ‘.....I.R.C..'4 7. -re_c.i...z-1:4.V._v-...1.1:1-r"..Y...44!.. 11
• ,._ .----... .
._ . ,.
- 26 ',A z_ - r.,c:0-,e‘,i rk z...
-
. .,
__ _
-
0 1
/
h.. ...
1‘1 . ,. - - aat '':-.A.,,-/..:-.1-4,_
• : " ).4- t '-t.9t'..1 ..4.-C."• --• -. - - i
. _ . ..•
. ,
) ,:'..- ' .
...- /..• 3. .lie ,'Ll AC • --T. _a a.. ;.b.r......de .1..ot'S Fob 3/. 3 I
i „ .
1 .
1 27 tic:,,Szc..,.,.‘ .,...-•• -_7.•-••••=t-
CV...
D. -- a I
V ; . . L .
al •Z
47.4L V'.-17:•••••••C•ef-A-:, : -.4_.101 D....•4•C.. . 0)
2 2 t;
_ , .
r .
5.* .:i161::,4 _1-1s :C\14,.:.--T:Tgrzt.1-11:-.:... '
23
-
, . PROS PER /.3 0
- z1(47-9zz . . 00 —Le"• .01:-..,:---• i.. ce
to
a 1->/ 00 AC lial ga
• ..*.W'il 0
......, , r,
i cr
• . • - 1-16 14 • q CITY '-, 1
--i-.--"'
14\ .
a,
-
I
"
reo5psz. )50 - .
' 87c. -6928 tr, HICKORY CREEK ADDN 17 I =la,
--- 1 I
124 ..„ fig 1
i N ;
c.... , 2
. UNRECORDED I•
1 3
F211-4, # z ,
ir r- a . .4.• X -
PROS ER CITY LIMITS I i
i - 1
•
• .
•
-
.
11 065_ • 'Er....5 Hdoe..11.1LiE.-r i 5.00 A(-.
It. G7b5
COI UN COUNTY SCHOOL LAND SURVEY •
13 •... .,.c^:. ......k....Ey.‘A.A.t.r...a.-c:.,0%..E.1 m.J.. 27-rt..$)"‘.:: - t'lz).c".'v•7-,-, \._-_• "I .1c..
/4 A.;.1E.:., 4'..9-ik.%fii,TIE. 1....w..) Ac:...
A-1 47 .,7 .,. 1-4 I:• 1:2LZT-S.F...,7.C 4..1.--Zn 0, 0-la%''t . . ....
.
•s-• r ". . 1_, \ ...
16 '.- s"...... II% ••V.I.s...".. ..-&!" •
.
:t:. ..... • . ‘...c-••( r..,0‘...7z.i.,-i-1..x..1.1 Ta.uzi-1....Q.s y.,cv..k . 1.,-.....,.;, --,..,,....• 07,.. ..........
..._ •
_7, aft...z.---col..w....a.rfs.v.4t..,a. r.sc.....1%4.ek k t•,.,.._ ,....,...,..v,.... n• • -
.
, ...t
-X64 ' \• C..N4 Q-- .A."-r-t gl a.—0 0\021 t '`.., .n o..a.c.. ,',\-,4.
•
•
TOWN OF PROSPER
109 MAIN
P. O. BOX 29Z
PROSPER. TX 7507E(
ANY MIOYISIDII HEREIN WEN RESTRICTS THE SALE.IEIITAL.OR USE DETRE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR PACE IS INVALID MS
UNENFORCEABLE UNDER FEDERAL LAW OF COLLIN)
(THE STATE OF TEXAS) ACOUNTY
I busby wry Ittit UsITu!nntau FILED inMI RN Murray Swine
D.
on Ms tivOIOIRWaPubc Ems summed homer
hMAyAfCNfnms;Ind as,Cooly.fT mi
OCT 121993
c/10-4~ C9 se.-N7.,‘:'
• CCUI(1Y CLERK COLLIN COUMTY.1E1(AS *** S
Filed for Record ire:
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1993/10/12
At 10:56A
Number: 93- 0087844
Type s AS 19.00
•
CITY OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO . 93-09
DATE OF ANNEXATION ORDINANCE : 08-10-93
ACREAGE ANNEXED : 2 . 5 ACRES
SURVEY , ABSTRACT & COUNTY : LOCATED IN COLLIN COUNTY , TEXAS
CONTAINING 2 . 5 ACRES .ABSTRACT 916
OF THE J . TUNNEY SURVEY
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BE-
HALF OF THE CITY OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH
THE FOLLOWING SCHEDULE:
A. POLICE SERVICE
1 . PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN
THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED WITHIN 60 DAYS OF
THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT POLICE
PERSONNEL AND EQUIPMENT WILL BE PROVIDED TO FURNISH THIS AREA THE MAXIMUM LEVEL
OF POLICE SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND UTILIZA-
TION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY COUNCIL WITH-
IN TWO AND ONE-HALF (2 1/2) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORD-
INANCE, OR UPON COMMENCEMENT OF DEVELOPMENT WITH THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE
WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE CITY.
B . FIRE SERVICE
1 . FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL
AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITATIONS OF AVAIL-
ABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS
' AREA WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT FIRE
AND EMERGENCY AMBULANCE EQUIPMENT WILL BE PROVIDED TO FURNISH THIS AREA THE MAX-
IMUM LEVEL OF POLICE SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY,
LAND UTILIZATION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY
COUNCIL WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE DATE OF DEVELOPMENT WITHIN
THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY
AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE
CITY.
ORDINANCE NO. 9 3-0 9
C. ENVIRONMENTAL HEALTH AND CODE ENFORECEMENT SERVICES
1 . ENFORCEMENT OF THE CITY'S ENVIROMENTAL HEALTH ORDINANCE AND REGULATIONS,
INCLUDING BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED
VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS
AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES
AND REGUALTIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL.
COMPLAINTS OF ORDINANCES OR REGULATION VIOLATIONS WITHIN THIS AREA WILL BE
ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. INSPECTION SERVICES, INCLUDING THE REVIEW OF BUILDING PLANS, THE ISSUANCE
OR PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELEC-
TRICAL WORK TO ENSURE COMPLIANCE WITH CITY CODES AND ORDINANCES WILL BE PROVIDED
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PER-
SONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE CITY' S ZONING, SUBDIVISION, SIGN AND OTHER ORDINANCES SHALL BE EN-
FORCED IN THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXA-
TION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE CITY OF PROSPER, BUT NOT MENTION-
ED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXED ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PER-
SONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL
HEALTH AND CODE ENFORCEMENT. SERVICES AS ARE FURNISHED THROUGHTOUT THE CITY.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE CITY WILL EXTEND TO THIS AREA
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. CITY PLANNING
WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERA-
TION FOR ZONING IN ACCORDANCE WITH THE CITY'S COMPREHENSIVE ZONING ORDINANCE
AND COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
1 . RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE CITY, BEGINNING WITHIN 60 DAYS OF
THE EFFECTIVE DATE OF THE ANNEXATION.ORDINANCE.
2. ADDITIONAL FACILITES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS
WILL BE ACQUIRED, DEVELOPED AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE CITY OF PROSPER.
THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION
SERVICES TO THE CITY. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL
BE FURNISHED TO THIS. PROPERTY AS IS FURNISHED THROUGHOUT THE CITY.
3. EXISTING PARKS, PLAYGOUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS
PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE CITY, BE MAINTAINED AND
OPERATED BY THE CITY OF PROSPER, BUT NOT OTHERWISE.
• 2
• .
ORDINANCE NO. 9 3-0 9
F. SOLID WASTE COLLECTION
1 . SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE
WITH EXISTING CITY POLICIES, BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE. RESIDENTS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION
SERVICES ATH THE TIME OF ANNEXATION SHALL CONTINUE TO DO SO UNTIL IT BECOMES
FEASIBLE BECAUSE OF INCREASED DENSITY OF POPULATION TO SERVE THE PROPERTY
MUNICIPALLY. COMMERCIAL REFUSE COLLECTION SERVICES WILL BE PROVIDED TO ANY
BUSINESS LOCATED IN THE ANNEXED AREA AT THE SAME PRICE AS PRESENTLY PROVIDED FOR
ANY BUSINESS CUSTOMER WITHIN THE CITY OF PROSPER, UPON REQUEST.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, AND POPULA-
TION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE CITY
AS TO FREQUENCY, CHANGES AND SO FORTH.
3. SOLID WASTE COLLECTION SHALL BEGIN WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
G. STREETS
1 . THE CITY OF PROSPER' S EXISTING POLICIES WITH REGARD TO STREET MAIN-
TENANCE, APPLICABLE THROUGHTOUT THE ENTIRE CITY, SHALL APPLY TO THIS PROPERTY
BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO
THE CITY'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED
BY THE CITY OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO CITY '
STANDARDS COMMENCES WITHIN THIS PROPERTY, THE POLICIES OF THE CITY OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION,
AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS
PROPERTY WHCIH HAVE BEEN ACCEPTED BY THE CITY OF PROSPER AS IS PROVIDED TO CITY
STREETS THROUGHOUT THE CITY.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO CITY STANDARDS SHALL
BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES.
H. WATER SERVICES
1 . CONNECTION TO EXISTING CITY WATER MAINS FOR WATER SERVICE FOR DOMESTIC
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCOR-
DANCE WITH EXISTING CITY POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER
WILL BE PROVIDED,AT RATES ESTABLISHED BY CITY ORDINANCES FOR SUCH SERVICE
THROUGHOUT THE CITY.
3
•
I
ORDINANCE NO. 93-09
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS
OF THE CITY WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. CITY PARTICIPATION
IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE
CITY ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE. COMMENCED WITHIN TWO
AND ONE-HALF (2 1/2) YEARS FROM THE DATE OF ADOPTION OF. THE ANNEXATION ORDINANCE,
OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICH-
EVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO CITY STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE CITY
OF PROSPER BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4 . PRIVATE WATER LINES WITHIN THIS PROPERTY SHALL BE MAINTAINED BY THEIR
OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE CITY.
I. SANITARY SEWER SERVICES
1 . SANITARY SEWER SERVICES WILL BE PROVIDED BY SEPTIC TANK IN ACCORDANCE
WITHAN AGREEMENT BETWEEN DON BROWN AND THE CITY OR PROSPER AND IN COMPLIANCE
WITH SECTION 43.056 (d) , LOCAL GOVERNMENT CODE.
J. MISCELLANEOUS
1 . ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED
BY THE CITY OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED
BY THE CITY COMMENCING UPON THE DATE OF USE OR WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES OF THE
CITY SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
• 4
•
• .
AGREEMENT BETWEEN DON BROWN
AND THE CITY OF PROSPER, TEXAS
0
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE CITY OF PROSPER, 0
TEXAS, A MUNICIPAL CORPORATION ("CITY") , AND DON BROWN, A PROPERTY OWNER
ON THIS THE 23rd DAY OF JUNE , 1993.
WHEREAS, CITY HAS BEEN REQUESTED BY DON BROWN TO ANNEX 2.5 ACRES OF
LAND, MORE OR LESS, IN THE J. TUNNEY SURVEY, ABSTRACT 916, COLLIN COUNTY,
TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
WHICH EXHIBIT IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES
(THE SUBJECT PROPERTY") ; AND
WHEREAS, THE• SUBJECT PROPERTY DOES NOT CURRENTLY HAVE WASTEWATER SEWER
TREATMENT AVAILABLE TO IT; AND
WHEREAS, DON BROWN PROPOSES TO PROVIDE WASTEWATER TREATMENT WITH THE
USE OF SEPTIC TANKS; AND
WHEREAS, PURSUANT TO SECTION 43.056 (d) , LOCAL GOVERNMENT CODE, DON
BROWN AND CITY DESIRE TO AGREE THAT THE REQUIREMENT FOR CONSTRUCTION OF CAP-
ITAL IMPROVEMENTS BE SUBSTANTIALLY COMPLETED WITHIN FOUR AND ONE-HALF YEARS
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES, COVENANTS
AND AGREEMENTS SET FORTH HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE
HEREBY ACKNOWLEDGED, CITY AND DON BROWN HEREBY AGREE AS FOLLOWS:
1 . DON BROWN HAS REQUESTED CITY ANNEX THE SUBJECT PROPERTY, WHICH
CONTAINS 2.5 ACRES OF LAND, MORE OR LESS, IN THE J. TUNNEY SURVEY, ABSTRACT
916, COLLIN COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES (THE "SUB-
JECT PROPERTY") . .
2. DON BROWN PROPOSES TO PROVIDE WASTEWATER TREATMENT THROUGH THE
USE OF SEPTIC TANKS TO THE SUBJECT PROPERTY.
3. DON BROWN AND CITY AGREE THAT THE DEVELOPMENT PROJECT WITHIN THE
SUBJECT PROPERTY, IS EXPECTED TO BE COMPLETED WITHIN FOUR AND ONE-HALF YEARS
OF THE DATE OF ANNEXATION.
4 . DON BROWN AND CITY AGREE THAT THE LEGAL REQUIREMENT THAT CONSTRUCTION
OF CAPITAL IMPROVEMENTS MUST BE SUBSTANTIALLY COMPLETED WITHIN FOUR AND ONE-
HALF (4-1/2) YEARS SHALL NOT APPLY TO THE SUBJECT PROPERTY AND THAT THE SUBJECT
PROPERTY SHALL RECEIVE WASTEWATER TREATMENT THROUGH THE USE OF SEPTIC TANKS
PROVIDED BY DON BROWN AT NO COST TO CITY.
5. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
COVERING THE WITHIN SUBJECT MATTER. NO MODIFICATIONS OR AMENDMENTS SHALL BE
VALID UNLESS IN WRITING AND SIGNED BY THE PARTIES.
PAGE 1
6. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES
CREATED HEREUNDER ARE PERFORMABLE IN COLLIN COUNTY, TEXAS.
• 7. THIS AGREEMENT SHALL BE BINDING UPON, AND SHALL INURE TO THE .
BENEFIT OF, THE PARTIES HERETO AND THEIR RESPECTIVE SUCESSORS AND ASSIGNS.
8. THIS AGREEMENT SHALL BECOME A BINDING OBLIGATION ON THE PARTIES
UPON EXECUTION BY BOTH PARTIES. CITY WARRANTS AND REPRESENTS THAT THE
INDIVIDUAL EXECUTING THIS AGREEMENT ON BEHALF OF CITY HAS FULL AUTHORITY TO
EXECUTE THIS AGREEMENT AND BIND CITY TO THE SAME. DON BROWN WARRANTS FULL
AUTHORITY TO EXECUTE THIS AGREEMENT AND BIND HIMSELF TO THE SAME.
•
•
9. CITY SHALL ADOPT A RESOLUTION. APPROVING THIS AGREEMENT AND AUTH-
ORIZING THE MAYOR OF CITY TO EXECUTE THIS AGREEMENT.
10. . DON BROWN SHALL APPROVE AND EXECUTE THIS AGREEMENT AND PROVIDE
CITY AN EXECUTED ORIGINAL OF THE SAME.
EXECUTED BY THE PARTIES HERETO ON THE DATE SET FORTH ABOVE .
• CITY OF PROSPER, TEXAS
p ` - - - - A SMOTHERMON , MAYOR
r:;` r' .- �'' ' 1 S S . MAIN STREET
• PROSPER, TEXAS 75078
��•7/•�% Ord, ,,' •♦�
;F` '% '0; 1•'� _` 214 /347-2304
`\\ yl}i 11 \
`�,, A-T T);S'Pt `'t
SHI LEY JA S0
CITY SECRE ARY
•
( ') • /167 gla((.4"---.-
DON BROWN
J
•
t
+ 'r
4
1
STATE OF TEXAS §
§ PETITION 0
COUNTY OF COLLIN §
The undersigned being first duly sworn and cautioned says
0
and deposes that he is 00 vi �
That the undersigned is the owner in fee simple of the real
estate described on the attached exhibit;
That fewer than three ( 3 ) qualified voters reside upon said
property;
That said property is contiguous to the boundaries of the City
of Prosper, Texas , and no part thereof is more than one-half ( 1/2)
mile from the present city limits ;
That the undersigned hereby requests and petitions the City
Council of the City of Prosper, Texas , to annex said property and
extend the boundaries of the City to include said property ;
That this petition is offered for the purpose of inducing the
City of Prosper, Texas to accept said territory into its municipal
limits in accordance with the provisions of Art. 974g , Vernon ' s Ann.
Civ. Stat.
/(1
ACKNOWLEDGED BEFORE ME by e �` �/ � pi , this
day of z . 19 94.
• //dam ///� �� )
�O{PgYFV�y` a HMk.gk�.� w.�a�nt-,Au:? �� 7< li L�11'/�:_�1�/
:,,.i►,i fra. � Notary i s in
411 ®'; y �q1 Statec° ems Ga The State of T E AS